DPA approves first commercial Certificate of Lawful Use application

Monday 02 March 2020

The Development & Planning Authority for the States of Guernsey has approved the first Certificate of Use application relating to the commercial use of property, following the law's introduction last year.

Carey Olsen and PF+A Architecture advised on the application, in which the owner of Stratheden Vinery successfully demonstrated that the vinery site in Rue du Douit, Vale had been used in connection with gardening businesses and as a site to repair vehicles, continuously for more than ten years.

Under the Land Planning and Development Ordinance, 2019, an owner of land can apply for a CLU, enabling them to regularise long standing unlawful use of land and certify that the existing use of the and is now lawful for planning purposes.

"This CLU application is a perfect example of why the law was introduced," said Senior Associate and Planning Law Specialist at Carey Olsen, Rachel Jones. "Stratheden Vinery had been used by various gardening businesses and for the maintenance and repair of vehicles and garden machinery for a continuous period since 1984, without having the required planning permission for that use. However, no enforcement action was ever taken.

"The CLU means that the continuers use of Stratheden Vinery for those historic activities is now lawful."

The vinery is one of three successful CLU applications to have been approved by the DPA in the past few weeks, with the other two being submitted by residential property owners.

"CLU applications are determined on evidence and fact," Ms Jones added. "For a CLU application to be successful it must include precise and detailed information and be supported by sufficient evidence. Our knowledge gained from this successful application suggests that the CLU regime is a welcome and useable mechanism by which clients can gain certainty in respect of the historic use of a site. This may generate a number of further applications."

Pictured top: Rachel Jones.